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2021 Supreme(AP) 1047

U. DURGA PRASAD RAO
S. Koteswara Reddy, S/o. S. Nageswara Reddy – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Mines & Geology – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Vijay and V.V. Narayana.

ORDER :

U. Durga Prasad Rao, J.

1. The petitioner prays for a writ of mandamus declaring the order dated 09.11.2020 passed by the 1st respondent vide Memo No. 6857/M.1(2)/2018-2 to the extent of directing the petitioner to pay all mineral revenue arrears and determining the lease passed by 2nd respondent vide D.Dis. Proc. No. 1758/R1-1/2018 as illegal, arbitrary and violative of Articles 14 & 19 of the Constitution of India read with the A.P. Minor Mineral Concessions Rules, 1966 (for short, 'the APMMC Rules, 1966') and consequentially set aside the same.

2. Petitioner's case pithily is thus:

Petitioner holds quarry lease for Colour granite in an extent of 7 Hectares in Sy. No. 73 of Melisathiwada Village, Tekkali Mandal, Srikakulam District for a period of 20 years. The Director of Mines and Geology/2nd respondent vide D.Dis.Proc. No.1758/R1-1/2018, dated 08.06.2018, determined the quarry lease of the petitioner on the ground that the Assistant Director of Mines and Geology, Srikakulam/3rd respondent submitted proposal for determination after inspection of the quarry lease and after noting certain lapses on the part of the lessee as follows :

    (a) The lessee was not operating the quarry

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